The Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015

• Citation: S.I. 2015/619
• Sections: 5

Section 1 Citation, commencement and application

(1) This Order may be cited as the Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015.

(2) This Order shall come into force on 6th April 2015.

(3) This Order applies in relation to relevant authorities in England.

Section 2 Interpretation

In this Order—

“the 2003 Act ” means the Local Government Act 2003;

“household waste” has the same meaning as in section 75 of the Environmental Protection Act 1990 as read with regulation 3 of, and Schedule 1 to, the Controlled Waste (England and Wales) Regulations 2012 ;

“household waste recycling centre” means a place provided by a relevant authority where persons resident in its area may deposit their household waste; and

“relevant authority” has the meaning given in article 3.

Section 3 Meaning of “relevant authority”

In this Order “relevant authority” means—

(a) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

(b) an authority established for an area in England by an order under section 207 of the Local

(c) a county council;

(d) a district council;

(e) a London borough council;

(f) the Common Council of the City of London in its capacity as a local authority; and

(g) the Council of the Isles of Scilly.

Section 4 Disapplication of section 93(1) of the Local Government Act 2003

Section 93(1) of the 2003 Act does not apply in relation to the provision by a relevant authority of a household waste recycling centre insofar as the provision relates to permitting persons resident in their area to —

(a) enter into, or exit from, a household waste recycling centre; or

(b) deposit household waste at a household waste recycling centre.

Section 5 Transitional provision

(1) The disapplication of section 93(1) of the 2003 Act contained in article 4 does not apply in the relevant circumstances until 1st April 2020.

(2) In paragraph (1) the relevant circumstances are that immediately before this Order came into force a relevant authority in exercise of the power in section 93(1) of the 2003 Act, charges persons resident in their area to—

(a) enter into, or exit from, a household waste recycling centre; or

(b) deposit household waste at a household waste recycling centre.